What follows is the case style or name, first paragraph, author's
name, and the names of attorneys for the parties of each opinion
released eletronically today to TBALink.

This Issue (IN THIS ORDER):

00

New Opinion(s) from the Tennessee Supreme Court

01

New Opinion(s) from the Tennessee Supreme Court Workers' Compensation
Panel

00

New Document(s) or Proposed Rule(s) from the Tennessee Supreme
Court

03

New Opinion(s) from the Tennessee Court of Appeals

00

New Opinion(s) from the Tennessee Court of Criminal Appeals

00

New Opinion(s) from the Tennessee Attorney General (PDF format)

00

New Judicial Ethics Opinion(s)

00

New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink

BRENT BROWN
VS.
CONTINENTAL BAKING COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
Brent Brown, Memphis, Tennessee, Pro Se.
Karen R. Cicala, Memphis, Tennessee, for the appellee, Continental
Baking Company.
Judge: TATUM
First Paragraph:
This case involves a work-related injury to the plaintiffÕs left
shoulder on August 17, 1992. The trial court heard the evidence on
July 2, 1998, and found that the plaintiff sustained a compensable
12.5 percent permanent partial disability to the left shoulder but
that the injury he claimed to the right shoulder was not work-related.
The trial court also rejected the plaintiffÕs argument that he did
not have a meaningful return to work and found that the two and
one-half (2.5) times cap in Tennessee Code Annotated ¤ 50-6-241(a)
applied. The plaintiff appealed pro se and raised the following
issues for our review: (1) whether the plaintiffÕs right shoulder
injury was work- related; (2) whether the plaintiff should be
compensated for a second surgery on the right shoulder and both feet;
(3) whether the original complaint was not re-filed properly; (4)
whether there should have been a court reporter present at the
hearing; and (5) whether evidence was improperly withheld from the
court in his case. After careful review, we find that we must affirm
the trial court's judgment.
http://www.tba.org/tba_files/TSC_WCP/brownb.wpd
CHARLES KENNETH BRANCH
VS.
VIRGINIA LOUISE THOMPSON
Court:TCA
Attorneys:
R. Eddie Davidson, Nashville, for Defendant-Appellant
Charlotte U. Flemming, Springfield, for Plaintiff-Appellee
Judge: CRAWFORD
First Paragraph:
In this case, the minor children of the parties have been declared
dependent and neglected in juvenile court, and custody was awarded to
Mother. Subsequently, the parties were divorced in circuit court, and
Mother was awarded custody and Father was ordered to pay child
support. Mother filed a petition in circuit court to hold Father in
contempt for his failure to pay child support, and Father filed a
cross petition seeking, among other things, to change custody. At the
conclusion of an evidentiary hearing, the circuit court awarded
custody of the children to Father. Mother has appealed, and we vacate
the order changing custody because of lack of subject matter
jurisdiction.
http://www.tba.org/tba_files/TCA/branchcha.wpd
GLENDA CLICK, as next of kin to CURTIS HUGH CLICK, deceased
VS.
NELSON J. MANGIONE, et al.
Court:TCA
Attorneys:
Hugh P. Garner, Chattanooga, Tennessee, for the appellant, Glenda Click.
Michael A. Geracioti, Nashville, Tennessee, for the appellees, Nelson
J. Mangione, Douglas A. Waldo, and Douglas A. Waldo, M.D., P.C.
Judge: LILLARD
First Paragraph:
This is a medical malpractice case. The plaintiffÕs husband died of a
cardiac rupture while in the care of the defendant physicians. The
plaintiff filed a wrongful death suit, asserting medical malpractice
in the care of her husband. The trial court granted summary judgment
to the defendant doctors, finding that the plaintiffÕs expertÕs
testimony failed to show that a breach of the standard of care by the
defendants caused the death of the plaintiffÕs husband. The plaintiff
appeals. We affirm, finding that the plaintiff did not present
evidence that, to a reasonable degree of medical certainty, a breach
of the standard of care by the defendants caused the death of the
decedent.
http://www.tba.org/tba_files/TCA/ClickG.wpd
RAYMOND DAVIS
VS.
CITY OF CLARKSVILLE
Court:TCA
Attorneys:
W. Timothy Harvey, Clarksville, Tennessee for the Appellant, City of
Clarksville.
Stacy A. Turner, Clarksville, Tennessee, for the Appellee, Raymond
Davis.
Judge: LILLARD
First Paragraph:
This is a negligence suit under the Tennessee Governmental Tort
Liability Act. The plaintiff is a city police officer who was injured
while rushing an armed robbery suspect. The plaintiff rushed the
robbery suspect when he moved from a position of cover to a position
closer to the suspect, after his supervisor motioned him to move
forward. The plaintiff sued the city, alleging that his injuries were
caused by his supervisor's negligence. The trial court found that the
supervisor was negligent and awarded the plaintiff $45,000 in damages.
The city appeals. We reverse, finding that the evidence does not
support a finding that the supervisor was negligent.
http://www.tba.org/tba_files/TCA/davisr.wpd

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